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(영문) 수원지방법원 안산지원 2019.01.23 2018고단4194
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around September 25, 2018, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (entry in open space for sexual purpose) entered the above toilets with a view to taking the body of women who are considered to be melted against their will in a female toilet located at the loading and unloading site of “C” located in Ansan-si Group B, Ansan-si.

Accordingly, the defendant invadeds on women's toilets, which are public use places used by many unspecified persons for the purpose of meeting his sexual desire.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) set forth in paragraph (1) above: (a) entered the use side of the opening side of the opening side of the opening side of the Defendant in order for the victim D (n, 25 years of age) to wear back; (b) tried to gather the said mobile phone under the opening side of the opening side of the Defendant’s mobile phone and to take the body of the victim, who could cause sexual humiliation or shame, against the victim’s will; and (c) tried to take the victim’s body against the victim’s will; and (d) attempted to take the victim’s body against the victim’s will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer with regard to D, 1, and E written statement;

1. Seizure records, etc.;

1. Application of the statutes on the photograph, field, and CCTV images related to the case;

1. Relevant legal provisions on criminal facts, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, Articles 15 and 14 (1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); and selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 48 (1) of the Criminal Act of confiscation;

1. The registration of personal information in Article 334(1) of the Criminal Procedure Act of the provisional payment order.

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